This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

    Filter by date
     to 
    Search by Case Name
    Search by Judge
    Search by Case Number
    Search by DJ Citation Number
    Search by Category
    Search by Court
Name Category Published
People v. Renteria
Application of gang enhancement required substantial evidence that defendant, acting on his own, specifically intended his actions to promote his gang's criminal activities.
Criminal Law and Procedure CASC Aug. 26, 2022
People v. Ramirez
Denial of defendant's motions to change venue was proper because media coverage and victim's popularity in the community did not raise a reasonable likelihood that impartial jurors could not be impaneled.
Criminal Law and Procedure CASC Aug. 26, 2022
People v. Aguayo
Since assault with a deadly weapon and assault likely to cause great bodily injury are different statements of the same offense, defendant could not be convicted of both offenses for one course of conduct.
Criminal Law and Procedure CASC Aug. 26, 2022
Modification: County of Butte v. Dept. of Water Resources
Federal Power Act did not preempt state water agency from exercising authority over its own license application to operate state's water facilities.
Government CASC Aug. 26, 2022
In re E.L.
Additional evidence regarding the applicability of the Indian Child Welfare Act may be admitted by reviewing courts to expedite proceedings and consequently, the children's adoption.
Dependency 2DCA/6 Aug. 25, 2022
Martinez v. Newsom
California special needs students and their parents could not bring an Individuals with Disabilities Education Act claim against California school districts since they failed to exhaust all administrative processes.
Disability Discrimination 9th Aug. 25, 2022
P and P Imports v. Johnson Enterprises
In the context of trade dress, showing secondary meaning only requires that the public associates the features as coming from a single source or company, even if they cannot identify the source.
Intellectual Property 9th Aug. 25, 2022
Modification: Dept. of Alcoholic Beverage Control v. Alcoholic Beverage Control Appeals Board
Vineyard giving a nonoperational pizza oven to a grocery store for a promotional display did not constitute furnishing a "thing of value" in violation of the Business and Professions Code.
Commercial Law 3DCA Aug. 25, 2022
West Coast University, Inc. v. Board of Registered Nursing
A significant increase in annual student enrollment in nursing schools constitutes a substantive change requiring Board of Registered Nursing authorization.
Education 3DCA Aug. 25, 2022
King v. Pacific Gas & Electric Co.
Surviving spouse was entitled to intervene in wrongful death action filed by a personal representative, decedent's former spouse, so long as surviving spouse met statutory requirements for mandatory intervention.
Civil Procedure 1DCA/3 Aug. 24, 2022
Cameron v. Las Orchidias Properties, LLC
"Property" as used in the Elder Abuse Act included a displaced tenant's right to re-rent under the Los Angeles Municipal Code and the Ellis Act.
Torts 2DCA/5 Aug. 24, 2022
Paredes v. Credit Consulting Services, Inc.
Plaintiff could show a probability of prevailing on the merits since the filing of the underlying lawsuit tolled the one-year statute of limitations for her permissive cross-complaint.
Civil Procedure 6DCA Aug. 24, 2022
U.S. v. Jaimez
Defendant's money laundering conspiracy conviction was upheld because there was extensive evidence that foot soldiers like him were involved in and understood the gang's money laundering operation.
Criminal Law and Procedure 9th Aug. 24, 2022
In re Dominick D.
Indian Child Welfare Act duty to conduct initial inquiry was not complete where welfare department failed to ask all relevant parties whether the child may have Native American ancestry.
Dependency 4DCA/2 Aug. 24, 2022
Modification: In re Jason V.
Nunc pro tunc order correcting the period of confinement imposed was permissible because the juvenile court was merely effectuating its discretionary decision and not retroactively altering it.
Juveniles 1DCA/2 Aug. 24, 2022
Cam-Carson, LLC v. Carson Reclamation Authority
City of Carson could be held liable for the alleged mismanagement of its environmental agency since highly integrated public entities are not immune from alter ego liability.
Administrative Agencies 2DCA/8 Aug. 24, 2022
In re J.R.
Father had standing to maintain an appeal where welfare department failed to afford mother with constitutionally adequate notice of proceedings to terminate her parental rights in contravention of her due process rights.
Dependency 2DCA/1 Aug. 24, 2022
Gutierrez v. Chopard USA Ltd.
Awarding plaintiff attorney fees and costs was not error where joint stipulation executed by the parties expressly stated defendant would not dispute liability or entitlement to fees and costs.
Remedies 2DCA/5 Aug. 23, 2022
In re Milton
The Gallardo rule does not apply retroactively to cases on collateral review because it is procedural in nature.
Criminal Law and Procedure CASC Aug. 23, 2022
G and G Closed Circuit Events v. Liu
Summary judgment was appropriate where plaintiff failed to provide evidence regarding the method of transmission in a Cable Communications Policy Act and Communications Act claim.
Torts 9th Aug. 23, 2022
U.S. v. Ramirez-Ramirez
Defendant's right to a public trial was violated when the district court made only a written finding of guilt rather than announcing it in a public proceeding.
Criminal Law and Procedure 9th Aug. 23, 2022
People v. Hendrix
Erroneous jury instruction on mistake of fact for burglary was prejudicial because there was more than an abstract possibility the outcome would have been different if the instruction was correct.
Criminal Law and Procedure CASC Aug. 23, 2022
Nguyen v. Frauenheim
Defendant's *Batson* claim on habeas review failed because even if the court were to create a new rule establishing a new cognizable group, it could not be retroactively applied to defendant's claims.
Criminal Law and Procedure 9th Aug. 22, 2022
Chamber of Commerce v. Bonta
Order
9th Aug. 23, 2022
In re J.R.
Termination of a mother's parental rights was affirmed because she failed to present evidence supporting application of the beneficial relationship exception.
Dependency 1DCA/2 Aug. 23, 2022
People v. Nieber
Magistrate's finding that there was insufficient evidence that defendant was a major participant was not comparable to a jury acquittal that would establish eligibility for Penal Code Section 1172.6 resentencing.
Criminal Law and Procedure 4DCA/1 Aug. 23, 2022
Franklin v. Santa Barbara Cottage Hospital
Doctor who performed allegedly negligent back surgery was not an ostensible agent of the hospital because he was expressly not an agent or employee of the hospital and there were no representations to the contrary.
Torts 2DCA/6 Aug. 23, 2022
People v. Salgado
After recall and resentencing, a criminal defendant's judgment is no longer final, so the defendant was entitled to the application of newly enacted, ameliorative laws during resentencing.
Criminal Law and Procedure 4DCA/3 Aug. 22, 2022
Logan v. Country Oaks Partners
Advance health care directive and power of attorney for health care decisions did not authorize appointee with authority to sign an optional arbitration agreement.
Arbitration 2DCA/4 Aug. 22, 2022
Amended Opinion: Transgender Law Center v. Immigration and Customs Enforcement
ICE and DHS did not demonstrate beyond a material doubt the adequacy of their responses to plaintiffs' Freedom of Information Act requests regarding the death of a transgender asylum seeker.
Administrative Agencies 9th Aug. 22, 2022